Comments On The Case Of Execution Objection By Outsiders Such As Xu Yaxi And Fubang Company

The action of objection to execution refers to a system specially set up in the process of enforcement to protect the rights and interests of the outsider.When the outsider applies to the court as the buyer of real estate to exclude the enforcement of the mortgagee against the real estate involved in the case,there is a conflict between the expectation right of the general buyer and the rights and interests of the mortgagee.When the real right expectation right,mortgage right,construction project priority and other rights exist at the same time,how to weigh the interests of all parties,and then to determine whether the interested parties of the execution object enjoy the civil rights and interests excluding the court’s compulsory execution is the focus of the court’s trial,and also the difficulty of the current judicial practiceIn this paper,taking Xu Yaxi and Fubang company as an example,summed up the disput e focus of the court of first and second instance,in fact,whether the outsider has the civil righ ts and interests to exclude the court from compulsory execution.And through the introduction of the theoretical analysis of the expectant right of real right,this paper expounds the rationali ty of its application in the case of objection to execution.However,because the theory is not c lear in the legislation of our country,there are some obstacles in the judicial practice.Therefor e,in the end,this paper extends the relevant measures to improve the system of real right expe ctant right in practice.In order to make up for the lack of the basis of the application of law,a nd to provide reference for solving such cases and related problems in the future judicial pract ice.